Risk Update

Risk News — Treasure Hunting Disqualification Motion, Client Selection Reputation Risk on Radar

Treasure Hunter Urges Atty DQ In Fla. Shipwreck Suit” —

  • “A member of an ocean salvage company urged a Florida federal court Wednesday to disqualify counsel applying to represent his opponent in a lawsuit over a claim to a Spanish galleon’s sunken treasure, saying the attorney previously represented the company in a separate dispute involving the same wreckage.”
  • “Maritime Research & Recovery LLC member Daniel Porter brought a motion opposing the application of attorney David Concannon of Concannon & Charles PC to represent Carl Allen and Allen Exploration LLC, or AEX, in the U.S. District Court for the Southern District of Florida, claiming that he formerly represented MMR in a separate but similar dispute with another party over the wreckage of the Nuestra Señora de las Maravillas located in Bahamian territorial waters.”
  • “‘Attorney Concannon is conflicted in this matter and thus disqualifiable according to the rules regulating the Florida Bar,’ the plaintiff’s motion stated. ‘Granting of pro hac vice status is not a right, it is qualified by the attorney seeking such admission to agree to follow all local rules. Attorney Concannon, before his motion was ripe, has failed in this regard.'”
  • “In his complaint, Porter said he entered into a contract with the defendants to ‘educate, advise and implement’ an operation to salvage the sunken treasure on the Maravillas. In the contract, the parties agreed that they’d give a portion of all artifacts to the Bahamian government as a condition of Allen receiving a recovery permit and that the plaintiffs would receive 30% of the rest based on their efforts in the operation, according to the suit.”
  • “The plaintiffs alleged in their suit that Allen and his company utilized their reputation and expertise to obtain a permit but never gave them a cut of the treasure.”
  • “The plaintiffs claimed that Concannon was actively advising them in a dispute from another agreement, including providing legal strategies to defend against accusations levied by a person by the name of ‘Dr. E. Lee Spence,’ who said MRR violated the agreement it had between them. The contract between Spence and Porter was to search for debris from the Maravillas.”
  • “But the defendants, who are based in Texas, brought a counterclaim against Porter and MRR, saying they never disclosed the prior agreement with Spence.”
  • “‘Had they known about Porter and MRR’s contractual relationship with Spence, Mr. Allen and AEX never would have engaged in any discussions with Porter or MRR about the Maravillas or any other shipwreck on the Little Bahamas Banks,’ the counterclaim said.”

Jones Day Jumps Back Into Trump-Related Litigation for GOP” —

  • “Jones Day is edging its way into the legal fight to send Donald Trump back to the White House, even after the powerful Washington firm distanced itself from the former president.”
  • “Jones Day lawyers on Monday asked the US Supreme Court to block Pennsylvania from counting certain provisional ballots. It’s one of several cases the firm is handling for the Republican National Committee, the party’s national arm.”
  • “The firm was closely aligned with Trump in his first administration, sending partners to key positions in the White House and Justice Department. Its role in the run up to next week’s election shows Jones Day moving back closer into Trump’s orbit, despite opting out of working directly for his campaign this time around.”
  • “‘It all comes down to whether the firm wants to accept the risk of reputational harm after reconsidering its earlier position,’ said Stephen Gillers, an NYU Law School professor who studies legal and judicial ethics. ‘It may have decided that any negative effect on its reputation, including in hiring and among some clients, is outweighed by the advantages of gaining the appreciation of a possible future Trump administration.'”
  • “Jones Day is not the only law firm servicing the RNC. Dickinson Wright, which also has deep GOP ties, is representing the committee in a Michigan suit to block ballots from overseas voters.”